Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 141 (2025GS)

Sponsor

Rep. Shipp, Rex P.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates exceptions to the requirement of a preplacement adoptive evaluation; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
78B-6-128
Adoption Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions regarding adoptive evaluations.
Highlighted Provisions:
This bill:
creates exceptions to the requirement of a preplacement adoptive evaluation; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-6-128
, as last amended by Laws of Utah 2024, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-6-128
 is amended to read:
78B-6-128. Preplacement adoptive evaluations -- Exceptions.
(1)
(a)
Except as otherwise provided in this section, a child may not be placed in an 
adoptive home until a preplacement adoptive evaluation, assessing the prospective 
adoptive parent and the prospective adoptive home, has been conducted in 
accordance with the requirements of this section.
(b)
Except as provided in Section 
78B-6-131
, the court may, at any time, authorize 
temporary placement of a child in a prospective adoptive home pending completion 
of a preplacement adoptive evaluation described in this section.
(c)
(i)
Unless the court otherwise requests the preplacement adoption evaluation, 
Subsection (1)(a) does not apply if
:
(A)
a pre-existing parent has legal custody of the child to be adopted and the 
prospective adoptive parent is related to 
that
the
 child or the pre-existing 
parent as a stepparent, sibling by half or whole blood or by adoption, 
grandparent, aunt, uncle, or first cousin
, unless the court otherwise requests 
the preplacement adoption.
;
(B)
a pre-existing parent has or had legal custody of the child to be adopted, the 
prospective adoptive parent was previously married to the pre-existing parent, 
and the prospective adoptive parent has lived with the child for at least 180 
days before the day on which the petition for adoption was filed; or
(C)
the child to be adopted has lived in the adoptive home with the prospective 
adoptive parent for at least one year before the day on which the petition for 
adoption was filed and the court finds that the adoption is in the best interests 
of the child.
(ii)
The prospective adoptive parent described in this Subsection (1)(c) shall obtain 
the information described in Subsections (2)(a) and (b), and file that 
documentation with the court prior to finalization of the adoption.
(d)
(i)
The preplacement adoptive evaluation shall be completed or updated within the 
12-month period immediately preceding the placement of a child with the 
prospective adoptive parent.
(ii)
If the prospective adoptive parent has previously received custody of a child for 
the purpose of adoption, the preplacement adoptive evaluation shall be completed 
or updated within the 12-month period immediately preceding the placement of a 
child with the prospective adoptive parent and after the placement of the previous 
child with the prospective adoptive parent.
(2)
The preplacement adoptive evaluation shall include:
(a)
a criminal history background check regarding each prospective adoptive parent and 
any other adult living in the prospective home, prepared no earlier than 18 months 
immediately preceding placement of the child in accordance with the following:
(i)
if the child is in state custody, each prospective adoptive parent and any other 
adult living in the prospective home shall submit fingerprints to the Department of 
Health and Human Services, which shall perform a criminal history background 
check in accordance with Section 
26B-2-120
; or
(ii)
subject to Subsection (3), if the child is not in state custody, an adoption service 
provider or an attorney representing a prospective adoptive parent shall submit 
fingerprints from the prospective adoptive parent and any other adult living in the 
prospective home to the Criminal and Technical Services Division of Public 
Safety for a regional and nationwide background check, to the Office of 
Background Processing within the Department of Health and Human Services for 
a background check in accordance with Section 
26B-2-120
, or to the Federal 
Bureau of Investigation;
(b)
a report containing all information regarding reports and investigations of child 
abuse, neglect, and dependency, with respect to each prospective adoptive parent and 
any other adult living in the prospective home, obtained no earlier than 18 months 
immediately preceding the day on which the child is placed in the prospective home, 
pursuant to waivers executed by each prospective adoptive parent and any other adult 
living in the prospective home, that:
(i)
if the prospective adoptive parent or the adult living in the prospective adoptive 
parent's home is a resident of Utah, is prepared by the Department of Health and 
Human Services from the records of the Department of Health and Human 
Services; or
(ii)
if the prospective adoptive parent or the adult living in the prospective adoptive 
parent's home is not a resident of Utah, prepared by the Department of Health and 
Human Services, or a similar agency in another state, district, or territory of the 
United States, where each prospective adoptive parent and any other adult living 
in the prospective home resided in the five years immediately preceding the day 
on which the child is placed in the prospective adoptive home;
(c)
in accordance with Subsection (6), a home study conducted by an adoption service 
provider that is:
(i)
an expert in family relations approved by the court;
(ii)
a certified social worker;
(iii)
a clinical social worker;
(iv)
a marriage and family therapist;
(v)
a psychologist;
(vi)
a social service worker, if supervised by a certified or clinical social worker;
(vii)
a clinical mental health counselor; or
(viii)
an Office of Licensing employee within the Department of Health and Human 
Services who is trained to perform a home study; and
(d)
in accordance with Subsection (7), if the child to be adopted is a child who is in the 
custody of any public child welfare agency, and is a child who has a special need as 
defined in Section 
80-2-801
, the preplacement adoptive evaluation shall be conducted 
by the Department of Health and Human Services or a child-placing agency that has 
entered into a contract with the department to conduct the preplacement adoptive 
evaluations for children with special needs.
(3)
For purposes of Subsection (2)(a)(ii), subject to Subsection (4), the criminal history 
background check described in Subsection (2)(a)(ii) shall be submitted in a manner 
acceptable to the court that will:
(a)
preserve the chain of custody of the results; and
(b)
not permit tampering with the results by a prospective adoptive parent or other 
interested party.
(4)
In order to comply with Subsection (3), the manner in which the criminal history 
background check is submitted shall be approved by the court.
(5)
Except as provided in Subsection 
78B-6-131
(2), in addition to the other requirements of 
this section, before a child in state custody is placed with a prospective foster parent or a 
prospective adoptive parent, the Department of Health and Human Services shall 
comply with Section 
78B-6-131
.
(6)
(a)
An individual described in Subsections (2)(c)(i) through (vii) shall be licensed to 
practice under the laws of:
(i)
this state; or
(ii)
the state, district, or territory of the United States where the prospective adoptive 
parent or other person living in the prospective adoptive home resides.
(b)
Neither the Department of Health and Human Services nor any of the department's 
divisions may proscribe who qualifies as an expert in family relations or who may 
conduct a home study under Subsection (2)(c).
(c)
The home study described in Subsection (2)(c) shall be a written document that 
contains the following:
(i)
a recommendation to the court regarding the suitability of the prospective adoptive 
parent for placement of a child;
(ii)
a description of in-person interviews with the prospective adoptive parent, the 
prospective adoptive parent's children, and other individuals living in the home;
(iii)
a description of character and suitability references from at least two individuals 
who are not related to the prospective adoptive parent and with at least one 
individual who is related to the prospective adoptive parent;
(iv)
a medical history and a doctor's report, based upon a doctor's physical 
examination of the prospective adoptive parent, made within two years before the 
date of the application; and
(v)
a description of an inspection of the home to determine whether sufficient space 
and facilities exist to meet the needs of the child and whether basic health and 
safety standards are maintained.
(7)
Any fee assessed by the evaluating agency described in Subsection (2)(d) is the 
responsibility of the adopting parent.
(8)
The person conducting the preplacement adoptive evaluation shall, in connection with 
the preplacement adoptive evaluation, provide the prospective adoptive parent with 
literature approved by the Division of Child and Family Services relating to adoption, 
including information relating to:
(a)
the adoption process;
(b)
developmental issues that may require early intervention; and
(c)
community resources that are available to the prospective adoptive parent.
(9)
A copy of the preplacement adoptive evaluation shall be filed with the court.
(10)
A home study completed for the purposes of foster care licensing in accordance with 
Title 80, Chapter 2, Part 3, Division Responsibilities, shall be accepted by the court for a 
proceeding under this part.
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-8-25 3:40 PM